Personal. Caring.

Brain injuries create challenges for insurance claims or lawsuits

Whether you fall down the stairs at a poorly-maintained property or get into a car crash caused by someone texting while driving, a brain injury is one of the worst injuries you might suffer.

Traumatic brain injuries (TBIs) can cause permanent changes to someone’s cognitive ability or motor function. Brain injuries can also change someone’s personality, affect their sense of balance or impact memory. Brain injuries may require significant medical support and a change of career, if not early retirement.

Unfortunately for those who suffer a TBI, these serious injuries often present unique challenges for those who need compensation.

The symptoms of brain injuries vary drastically

When someone breaks a bone or suffers a spinal cord injury, they have specific symptoms that are easy to connect to a particular incident, like a car crash. A brain injury, on the other hand, causes so many different symptoms that it can confuse people.

TBIs also affect each person differently, making it hard to conclusively show the consequence of the injury and prove that there is a direct correlation to a car crash or a slip and fall at the grocery store. Those working for the insurance company may try to undermine the connection between an injury and someone’s symptoms. An attorney defending someone against a lawsuit may also try to raise questions about the origin, severity or impact of the symptoms someone experiences.

Not only will you need documentation exploring the immediate effect of the injury, but you will also need to work with an attorney capable of explaining complex injuries to an insurance adjuster or a jury.

Measurable impacts help build the case

Did you have to go to the hospital for medical care? Did you have a marked change in your job performance after your injury that resulted in you losing your job or getting demoted? The more verifiable consequences someone has related to an injury, the easier it will be for them to make a financial claim, either against an insurance policy or an individual or business in civil court.

Gathering information about your brain injury, including your current symptoms and information that connects those symptoms to a specific incident, like an injury report from a grocery store, can be a good starting place for those hoping to seek compensation for the financial consequences of a serious personal injury, like a TBI.


FindLaw Network

How Can We Help?